2017 QCCQ 16624, 2017 QCCQ 16624

Protection de la jeunesse — 176345 2017 QCCQ 16624 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000408-162 DATE: July 3, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2004 Adolescent and A and B Parents/Defendants and C Tutor ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend a previous judgment.

Both tutor and adolescent's counsel admit that the situation still requires the application of protective measures and consent to the recommendations sought by the DYP. [ 2 ] The situation revealed by the evidence is the following. [ 3 ] In June of 2016, the Court notably orders that the adolescent be entrusted to his grandfather, who is also his tutor. [ 4 ] At the time, the grandfather also lives with his wife and her son. [ 5 ] The grandfather’s wife is very unstable and has serious issues to deal with, notably drug addictions.

Mid-November, 2016, she moves to [province A] with her son, leaving her spouse behind. They come back to this area in February, to live with the youth and his grandfather. [ 6 ] While his wife was away, the grandfather made significant improvements in the answer to the youth’s needs. Since she is back in their life, apparently things still evolve positively. [ 7 ] However, neglect remains an issue in the family environment. There is a long history of neglect and improvement is quite recent. The youth is vulnerable.

He has to cope with health issues and needs medical care. [ 8 ] The grandfather’s cooperation with the professionals has improved. He appears sincere in his intention to protect his grandson and to give priority to the youth if his wife relapses. [ 9 ] The evidence convinces the Court that the security and development of the youth are still in danger. There is hope that the extension of the measures will be sufficient to put an end to the situation. The application is well founded. WHEREFORE, THE COURT:

[ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] ORDERS that the adolescent be entrusted to his tutor and grandfather, Mr.

C, until May 31, 2018; [ 13 ] ACKNOWLEDGES the tutor's consent and AUTHORIZES the professionals to have access to any school, medical or other social files and to share information between them; [ 14 ] ORDERS that the adolescent receive all the services his situation requires; [ 15 ] ORDERS that the adolescent receive all the medical follow-ups his situation requires; [ 16 ] ORDERS that the adolescent, his tutor and his family actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 17 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent, his tutor and his family until May 31, 2018; [ 18 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Annie Dupuis for the child Me Alexis Deschênes for the tutor Mrs. A the mother Mr. B the father Written judgment filed on July 13, 2017